This section contains the nature of the case and procedural background.

Harrington (P) filed a sex discrimination suit against Vandalia (D) under Title VII of the Civil Rights Act of 1962, 42. U.S.C. Section 2000. The verdict went to P for compensatory damages, and attorney fees and D appealed. The Court of Appeals found discrimination, but Title VII did not allow compensatory damages and that the finding of discrimination alone did not allow recovery for attorney fees. While P's appeal was pending, the Supreme Court decided Monell v Department of Social Services which overruled Monroe v. Pape insofar that municipalities are not persons subject to liability under 42 U.S.C. Section 1983. P then sued D, the school principal, and the school superintendent under Section 1983. D moved for summary judgment under res judicata.

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